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Almost everything in life we see through our own filters, depending on the experiences we have, so there'll be a range of views on this. Sorry to hear if people have been on the wrong end of insolvency claims. For my part, it appears as though Lord Jackson took a problem he perceived (rightly or wrongly) appearing mainly in PI litigation and applied a blanket solution to all other forms of litigation. Lord Jackson is right that it is in the public interest to control litigation costs generally. I don't think the abolition of the insolvency carve out is the right way to achieve it. It would inadvertently reduce the number of misfeasance and other claims that ought legitimately to be pursued against directors. Where a claim is successful, it is very likely to see a diminution in the return to creditors since the solicitor's success fee would instead have to be taken from the sums awarded instead. R3 have made a rational argument on this subject.

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